· 12/8/1995
Vankirk v. Green Construction Co.
Citations
- 466 S.E.2d 782
- 195 W. Va. 714
- 1995 W. Va. LEXIS 234
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- involving contractual claim filed against DOH in Court of Claims and subsequent action in circuit court to resolve indemnity
- “It generally is held that a liquidated damage clause for delay in completing contract work does not preclude the injured party from recovering compensatory damages under the contract unless the liquidated damage clause expressly limits the right to such other damages.”
- “Our indemnity law is consistent with that of other jurisdictions where courts hold that an indemnitor given reasonable notice by the indemnitee is obligated to assume the defense and, if the indemnitor does not, then it is bound by the judgment.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Miller, Albright
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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